GRINBERG v EISSENBERG [58 Misc 3d 84] 85
NY JUR 2d Condominiums and Cooperative Apartments
§ 111; NY JUR 2d Landlord and Tenant §§ 178, 184, 194,
196, 211, 212.
ANNOTATION REFERENCE
See ALR Index under Condominiums and Cooperative
Apartments; Habitability; Landlord and Tenant.
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Query: habitability /p reimburs! /s repair & lease
APPEARANCES OF COUNSEL
Gregory J. Grinberg, appellant pro se.
Law Office of Steven G. Fauth, LLC (Scott S. Levinson of
counsel) for respondents.
OPINION OF THE COURT
MEMORANDUM.
Ordered that the judgment is modified by deleting the provi-
sion thereof dismissing so much of the complaint as was as-
serted against defendant 1802 Ocean Parkway Owners, Inc.;
as so modified, the judgment is affirmed, without costs, and the
matter is remitted to the Civil Court for the entry of an ap-
propriate amended judgment awarding plaintiff the principal
sum of $4,650 plus interest and costs as against that defend-
ant.
Plaintiff brought this action against defendants 1802 Ocean
Parkway Owners, Inc., Newport Management Company LLC
and Mordechai Eissenberg, an employee of Newport, for breach
of contract or warranty and to recover for property damage
caused by a water leak from the apartment above his. At a
nonjury trial, the proof revealed that plaintiff is a tenant in a
cooperative apartment in a building owned by 1802 and man-
aged by Newport. Plaintiff testified that, in 2005, he had
discovered a leak in his ceiling that was causing damage to his
apartment. It was determined that the leak had originated
from the toilet in the apartment above his. In 2008, the
building’s management repaired damage caused by that leak,